Summary: We will not investigate Mr X’s complaint about matters related to the Council’s handling of his insurance claim. This is because it is reasonable to expect Mr X to pursue the matter through the courts.

The complaint

1. Mr X complains about the Council’s offer of settlement on his claim for damage to his car when he drove over a pothole. He also complains about delays he faced in receiving a response on his claim.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X is dissatisfied with the Council’s settlement offer on his insurance claim. I will not investigate this complaint as it is reasonable to expect Mr X to pursue the matter through the courts. It is the appropriate body to review matters related to liability claims.
8. It would not be a good use of public money to investigate any delays in the Council’s claim handling when I will not investigate the substantive matter of Mr X’s complaint.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court.

Back to top

Investigator's decision on behalf of the Ombudsman